Major Causes & Effects of White-Collar Crimes on Corporate Sector in India

Exploring the Rise of White-Collar Crimes in the Indian Corporate Sector

by Vivek Kumar*, Prof.(Dr.) Babita Chugh,

- Published in Journal of Advances and Scholarly Researches in Allied Education, E-ISSN: 2230-7540

Volume 19, Issue No. 4, Jul 2022, Pages 681 - 689 (8)

Published by: Ignited Minds Journals


ABSTRACT

Due to the competition and mobility generated due to globalization, complexity and many problems have arisen in the activities of the society. Due to this dynamism, there have been changes in the forms of crimes as well. Today's crimes are not committed due to economic poverty or due to mental disorder, but today's crimes are being committed by well-to-do and highly trained, prestigious and socalled wealthy people like (Nirav Modi, Vijay Mallya). Today the situation is such that every person of the society, political administrator, businessman and common man knows about the lack of duty of other people, but finds himself helpless to do anything against them. As a result, the law is being followed, the dignity is being destroyed, there is no importance of moral values and every person is engaged in the competition of earning maximum profit through corrupt means. And in this competition, we do not find women behind anywhere. Today women are also not behind in committing such crimes, and day by day the number of crimes committed by them is increasing a lot. We call crimes committed by women as pink collar crimes. Presently a lot of study is being done on pink collar crimes which shows that women commit many crimes like bootlegging, kidnapping, drug smuggling, cabaret dashing, pick pocketing, seat handling, drug addiction, shoplifting Cheating, selling medicines etc. to smugglers. Many empirical studies tell us that the proportion of female criminals is less than that of men, yet the group of criminologists believe that the crimes committed by women are hidden by deceit or indirectly.

KEYWORD

white-collar crimes, major causes, effects, corporate sector, India, competition, mobility, globalization, complexity, forms of crimes

INTRODUCTION

In 1982, Wheeler presented his own compilation of data on the socio-economic profiles of women and men and the nature and illegality of their occupations, and the results reflect the male minority and the concentration of women in high-grade white-collar crimes, most employed. Women are clerical class or clerical staff and men are in manager or administration. Women are of lower class, less educated and those who do not have their own economic resources. Men prefer to do most of their crimes by staying in groups and take help of their organized gangs in committing crimes and thus get maximum economic benefits from these crimes. On the other hand, keeping women to the minimum in 1 business, reduction in their traffic, etc. explains the pink-collar crimes committed by women. Since the percentage of arrests of women has increased in the last decades, studying it will help us to uncover new ways of committing crimes. Today, working women such as doctors and engineers are also involved in such crimes. What makes women equal to men here is that some of the women involved in these crimes are also occupying high positions like men, such as Chanda Kochhar of ICICI Bank or IAS Nirmala Meena of Rajasthan. We can also link the increase in the incidents of white-collar crime with the industrial revolution. The modern capitalist economy is becoming increasingly complex in nature over time, due to the growth of businesses and their inter-linking, such as banking, stocks and industrial matters related to them. Due to all these matters being related to each other, property related disputes and other legal disputes keep arising in them, which create a new class of persons practicing law, and these persons practicing law protect their clients in the name of justice. Instigates to do wrong deeds and straightens his owl. There are countless lawyers who have forgotten the sacred oath taken by them at the time of starting their profession that they will do good to the society. Rather, now they are engaged in finding loopholes in the law and find ways to save their clients from the law and make them richer and become richer themselves. They spend all their time in finding out how they can save this industrial personality from paying taxes and bring economic benefits to themselves and the industrial personality. These legal professionals take up such cases where professional people as their witnesses again and again and for doing this unethical work, these people are facing trial in the court. They also merge the working class with themselves and work together and violate the standards of morality.

DEFINITION AND BACKGROUND OF WHITE-COLLAR CRIMES

Generally, in the analysis of white-collar crimes, we refer to the famous criminologist Prof. H. Sutherland's name is found attached to it. It was Sutherland who drew the attention of the society towards new crimes of this type. Prior to Sutherland, Albert Morris attracted attention for his paper entitled "Criminal Capitalist", which was published by Edwin C. Hill in 1872 AD. I read before the International Congress held in London on the subject of "Prevention and Repression of Crime". In 1934, Morris stressed the need to change the focus of people regarding white-collar crime. In common parlance, the term crime refers to an act which is considered unethical or inappropriate in the society, and which is considered destructive of social peace. Crime is an act punishable by law because it is prohibited by the Act. It is injurious to public interest and anything which is injurious to public interest may be an offence. Definition of crime According to Bentham, crime is that act which has been prohibited by the law from good or bad factors. If it pertains to theoretical research for the discovery of the law best defined by suitable rules, and all such acts which should be prohibited because of the factor of evil or the possibility of it being produced, may be termed as crime.According to Miller, it is an offense to do or to neglect an act forbidden or ordered by law in fear of punishment, which the state can charge by acting in its name. According to Keaton, crime is any undesirable act which the state best redresses by initiating proceedings to impose punishment and not by leaving the remedy to the discretion of the person aggrieved.

DEFINITION AND EXPLANATION OF WHITE-COLLAR CRIME

As it is known that the other name of socio-economic crimes is white-collar crime. Although at present many other types of crimes like pink collar, blue collar, red collar etc. have also been defined. Therefore, other types of crimes mentioned above are also forms of socio-economic crimes. "Economic and social crimes refer to such crimes which are unhealthy, financial loss and mental torture for the society and socio-economic crimes are committed by the rich class of the society and the high-ranking people in their position under the desire to earn maximum money." And it is done by misusing the reputation". In this way socio-economic crime is a kind of white-collar crime which is committed against the society. These types of crimes include kidnapping, false statement, misrepresentation, defined by Prof.Surtherland, we see that by analysing the crimes that happened in ancient times, we find that even in that time, the number of crimes by fraud was more. Pro. Sutherland apparently mainly E.A. Ross (1907) who was a famous sociologist of his time. He spread the concept of the criminaloid in the society, under which the greed of earning huge money was being increased even by the businessmen who were exploiters, and who were wearing masks of modesty and prosperity on their faces. According to Ross, such criminals abandon their morals and commit crimes in the greed of money and cause the death of customers and employees, they should be punished. Professor Sutherland delivered a presidential lecture on white-collar criminals at the American Sociological Society in Philadelphia in December 1939. The presidential speech was published in the American Sociological Review. Prominent entrepreneurs are the individuals who commit "white-collar crime," as defined by Sutherland. Sutherland (1940) asserts that the primary characteristic of crimes involving delegated or implied trust is the violation of that trust. Sutherland provided multiple instances of fraudulent activities, embezzlement, bribery, and other associated offences. Sutherland argued that white-collar crime has significant historical foundations within American culture. Sutherland presented evidence substantiating his assertions regarding the expansion of the organisation, its ability to evade financial repercussions, and the harm inflicted upon its victims. It has been argued that white-collar crimes should be considered as criminal offences, even if they do not result in a conviction in a criminal court. According to him, the white collar elite significantly influences criminal legislation and there is a concerted effort to hinder the prosecution of criminals. During the 1940s, Sutherland redirected his research efforts towards the study of white-collar crime, culminating in the publication of his book White-collar Crime in 1949. The author's primary focus in this book was on the 70 largest American manufacturing, mining, and trading corporations. Sutherland's White-Collar Crime provides a comprehensive analysis of specific white-collar crimes committed by large corporations. According to Sutherland, white-collar crime can be characterised as a form of organised criminal behaviour. According to him, corporate misconduct is more pervasive than initially believed due to its rational, deliberate, and intentional nature. Due to the effective self-defense strategies employed by these sectors and their ability to eliminate incriminating evidence, victims have limited options for seeking justice. Companies that violate the law

Sutherland argues that individuals do not engage in criminal behaviour due to inherent moral deficiencies, but rather as a result of deficiencies in the laws themselves. A significant number of laws currently enacted in India lack adequate analysis, leading to their ineffectiveness. Criminologists widely acknowledged Sutherland's work as a significant advancement in the field. White-collar crime, as defined by Professor Sutherland, refers to the commision of criminal offences by individuals of high social and economic standing within the context of their business activities. Analysis of this definition reflects the following characteristics of socioeconomic crime. 1. Criminal law is violated in white-collar crime, but this feature does not differentiate it from other crimes, because all criminal conduct, whether it is a socio-economic crime or not, arises from the violation of criminal law. 2. Individuals belonging to the uppermost echelons of the socioeconomic hierarchy are primarily responsible for engaging in white-collar criminal activities. The diversity of individuals involved in general criminal activities, regardless of their socioeconomic status, indicates that this factor does not effectively distinguish between socioeconomic and general criminal behaviour. White-collar crimes are commonly committed in the regular course of business. This distinction distinguishes socioeconomic crime from other forms of criminal behaviour. The final reality of white-collar crime is that its objective is to achieve personal financial gain. 3. A white-collar criminal is not a person who commits a crime due to mental or financial reasons, but a person who remains a respectable person in the society by flouting the law in his business ventures. According to Sutherland, socio-economic crimes are far more serious in terms of consequences than ordinary crimes. Everyone knows that misrepresentation of fraudulent advertisements, infringement of patents, copy rights, etc. Crimes under sections 478 and 480 and forgery as defined in section 463 of the Indian Penal Code are often committed with a view to earning profit. Other types of socio-economic crimes can be publishing false business annual accounts or income-expenditure details, adopting unfair competitive methods in business, hiding the defects of your goods and selling them to customers by bullying them, black marketing, smuggling, etc. The nature of socio-economic crimes is such that due to them so many people are affected that their personal impact on each of them is almost negligible, probably this is the reason why the society Prof. Sutherland's definition of "white-collar crime" is as follows. White-collar crimes refer to offences perpetrated by individuals in positions of authority within the corporate realm. Prof. Sutherland eventually refined his definition, asserting that white-collar crime refers to the commision of serious social and criminal offences by individuals belonging to the economic elite.

Criticism of Sutherland's definition

There has been criticism of Sutherland's definition of "white-collar crime" by multiple individuals. Kalmand and Moynihan argue that there is a lack of clearly defined criteria for determining responsibility and its corresponding level. The primary point of contention revolves around Sutherland's definition of white-collar crime. It appears that Sutherland possessed the following characteristics. The term "clean record" typically denotes the absence of criminal convictions, excluding those related to non-violent offences typically associated with white-collar crimes. The presence of notable social stratification in this context contributes to the enigmatic nature of the situation. The provided definition is excessively limited and lacks practical applicability. Sutherland also rejected the prevailing notion that individuals from middle and lower socioeconomic classes are primarily responsible for committing crimes such as theft and workplace dishonesty. Some critics propose renaming these offences as "occupational crime" instead of "white-collar crime" due to the belief that the involvement of an individual is essential to the definition of white-collar crime. The relevance of socioeconomic status is outweighed by the nature of the crimes and the contextual factors in which they take place. Sutherland argues that white-collar criminals enjoy immunity from criminal prosecution due to their trial in specialised administrative tribunals that employ a distinct trial system. The notion of white-collar crime is flawed due to its failure to adhere to the correct understanding of criminal intent, known as "mens rea."

DEFINITIONS GIVEN BY VARIOUS SCHOLARS

Despite nearly seventy years since Sutherland first introduced the concept of white-collar crimes, the primary mystery surrounding it is the lack of understanding regarding its underlying causes. White-collar crimes are known by different names in different countries, although they are interconnected. Examples of various forms of organised crime include political corruption, white collar crime, white collar deviance, corporate crime, commercial crime, market crime, customer crime, reputational crime, and 'category crime.' Various types of crimes exist, such as invisible crime, public crime, employee action, whereas in other contexts, these terms are used to denote completely different forms of misconduct. Allow us to demonstrate The confusion surrounding the various names and pronunciations of these terms is evident to all. Criminologists who generally agree on the following definition (1) It has to be in a valid business context. (2) It is done for the purpose of getting commercial success or getting economic benefits. (3) cannot be directly included as a form of violence intended. In other words, it can be said that different criminologists are divided on the problem of how to define white-collar crime and which attribute of the criminal to emphasize. To resolve the controversy arising out of the meaning of white-collar crimes, a group of different sociologists met together and agreed on the following definition. “White-collar crime is an illegal and unethical act in which the person responsible violates his or her responsibilities that are entrusted to him or her in good faith, either individually or institutionally. Such a person is of high social status. and does it for his own benefit or for the benefit of the organization. The above definition has found considerable agreement that the comprehensive approach of this definition allows it to be recognized as a composite form of use of separate terms of white-collar crime. Traditionally, the most popular notion of white-collar crime is that it is an illegal and unethical act committed by wealthy individuals of the upper strata of society, legally in their workplace, for their own economic gain. Cesar Beccaria (1764) also accepted that the great and rich are doing great harm to the general public by the great and rich and this should be seen and stopped by law. And so did Karl Marx and Friedrich in the 19th century. angles (1848) also emphasized that the powerful and upper classes commit crimes. According to Walter C. Reckless, white-collar crimes represent the crimes of individuals who set the policies and programs of businesses. Clennard and Queenie prefer to refer to white-collar crime as occupational crime and define it as a punishable offense committed by individuals for themselves in the course of their occupation. In this, crimes committed by the employees against their employers and crimes committed by the officers of the corporation for the corporation are also included in this. Even in the modern complex society, there are many such things which can be said to be harmful for the public interest. Selling prohibited food items, tampering and misleading advertisements etc., are such examples which are harmful to public interest. In today's economic and social scenario, hard work and dedication are hidden behind the easy availability of money and facilities in the society in India, but this same scenario is promoting white-collar crimes in India. The desire for comforts is also making people commit wrong deeds which is the main factor in the increase of these white-collar crimes. From the Food Report of the Law Commission on the rise of white-collar crimes in India, it has been inferred that the modern scientific and technological development and the practice of monopoly in business are promoting these crimes in abundance in the business world. After independence, many welfare works were done in India, for which the government prepared many regulatory mechanisms so that the production and distribution of common goods could be done properly, but the violation of the above regulatory measures has promoted white-collar crimes unlimitedly. According to Marshall B. Clinard, the root cause of white-collar crime is the current competitive business community, which seeks to drive its enemy competitor out of the business hierarchy and make excessive profits for itself, and sometimes to keep itself in business. commit all kinds of crimes. Here it can also be seen as an example that there are rules for the lawyers for their conduct, but following them is a lot of work, but we also know that their business is very competitive and in this In business, they want to exclude each other and to keep themselves in competition, they do wrong things like concealment and misrepresentation of facts, which are punishable in the eyes of law. Similarly, we see in private educational institutions of India that they try to get grants-in-aid from the public while they themselves are earning well and also maintain themselves by creating false accounts or manipulating accounts and earning well. Let's do Similarly, the industry and the business world, which are the people of the higher economic class in the society, want this tradition that whatever net profit they get, they change it by manipulating their accounting books and reduce the profit so that they get Get tax exemption and they don't have to pay heavy taxes to the government. One of the main reasons for the increase in white-collar crimes is that the socio-economic criminals are from the upper class, they come from such a class, which can easily influence the other class, this class is more powerful and handles its business smartly, and People living around them easily know that they are victims, but they consider themselves losers in front of the upper class and it becomes their compulsion to ignore these crimes. It is also alleged that the

but these statements do not seem to have any jurisdiction. The acquittal of most of the white-collar criminals from the charges against them only shows that there is no distance left between criminality and morality. The emerging development in the field of information and technology which started from the end of twentieth century has also given a new dimension to white collar crimes. Here, there has been an unimaginable increase in computer-generated white-collar crimes, which we also call crimes, these crimes have become a challenge for the whole world and a big threat to the law enforcement agencies. Because these crimes have their own special quality or nature, these crimes are removed from the victim in private. The biggest advantage of cyber criminals is that there is no fear of getting caught by these criminals. It is believed that the newer websites are increasing, the more cybercrimes will also increase. The areas most affected by these cybercrimes are banks, financial institutions, energy and telecom service and transportation business etc.

ORIGIN AND HISTORICAL BACKGROUND OF WHITE-COLLAR CRIME

In ancient times there was no corruption of any kind. The history of socio-economic crimes in ancient times in India has been negligible. Due to the fear of the king, people kept away from doing any kind of corruption or bad deeds. In ancient times, there was no such situation that people commit new crimes daily. We find the beginning of these crimes in India during the Mughal period. The Mughals who came as invaders later started ruling here. Many important and devious tactics were used by the Mughals to run their rule on foreign lands and the most important fact among them is that they lured the residents of the country to join the princely states. got the kings of Bribery became a prominent feature of the Mughal rule. By running his rule abroad, he could not give much money to his employees, so the employees in the government were given exemption that they can collect revenue as they want. Whatever Hindu or Muslim employees were kept during the Mughal period, the ruler's control was limited, they were free to behave with the public as they wanted. Under the guise of this exemption, they used to resort to bribery to get the work done for the public. Bribery had flourished especially in the judicial work and the rulers were also aware of this fact but no concrete measures were taken at any time to stop it. And continuous change in governance also proved to be effective in increasing this problem, and the employees were benefited from this change. When Sutherland talked about white-collar crimes, he laid the foundation of modern criminology. But some criminologists objected to the name of this crime term, but in fact Sutherland wanted to name such crimes as violations of behavioural crimes, not violations of criminal law. Sutherland felt that if the study of criminal behaviour. If white-collar crime is removed, it will ignore the audacity of those white-collar criminals to commit crimes and will also affect the concerned legal regulators. Sutherland later explained his idea of keeping white-collar crime as a crime, saying that some crimes are committed deliberately against the law and even after punishment or penalty because the punishment is not as harmful as the crime benefits. The recognition of white-collar crimes as actual crimes is an obstacle to corporate crime, especially for those criminologists who insist on its definition. gave the most important definition of crime which is "acts which result in criminal conviction". General crimes are crimes that are violent, these crimes are committed in public or in public places, but white-collar crimes are those crimes that are non-violent in nature and are committed due to their greed while in the course of their business or while in government service. Or it is done to satisfy greed. Ordinary crimes can also be committed for greed or sometimes even out of emotion, but white-collar crimes are committed only to increase the number of notes with them. Common crimes are sometimes committed in compulsion to save themselves, to save others, for greed or for any other reason, but white-collar crimes are committed only for the fulfilment of their greed or if these crimes are combined, then their This is done in cooperation with the organization or to benefit one's relative or to show one's own status in the society or for the reason that "it is government goods, what difference does it make to us, even if we take a little, no one will be harmed". White-collar crimes are committed due to perception or sometimes even to keep themselves in the group.

REASONS FOR WHITE-COLLAR CRIME

There are 'certain' professions which provide such lucrative opportunities for criminal acts and unethical practices which hardly attract the people of the society. Today the situation is such that even in business, professions and public life crooked, hypocritical and unscrupulous persons are doing illegal activities without fear of loss of their reputation or position. They have neither the fear of the society nor of the law, these people keep their morality in check and are ready to do anything just for the benefit. In today's era there is no place for honesty and moral values. There are very few such institutions which provide proper training in citizenship or character building. Conventional crimes like violence, beating, taking away property, child use, murder, seclusion, loot, rape, kidnapping has an important place, but it is not necessary in white-collar crimes. The reason for these crimes is the rapid development of the economy, the development of industries and scientific research. White-collar crimes are people with high economic and social status, who are stable, successful and far-sighted, respected, privileged, these people can be politicians and industrialists or contractors, they can be contractors, engineers or lawyers. White-collar crimes are considered crimes committed by the powerful, these crimes are not treated as crimes. We see that white-collar crimes are not taken as normal crimes in the higher departments of the government, even in the higher industries, while its nature is so serious that it has reached several thousand crores of rupees at present. Today the limit is such that it has become a common thing to get property worth 300 or 400 crores from a common employed person who earns one or one and a half lakh rupees a month.

REASONS FOR WHITE-COLLAR CRIME

Some of the reasons responsible for white-collar crimes mainly include social, economic and political reasons, but at present globalization and liberalization among other reasons are also accepted as the main reasons. The socio-economic change of the society also increases these crimes. In the 29th Report of the Law Commission, it was found that modern scientific and technological development and integrated business practices are also accepted as the main reasons for the increase in white-collar crimes in the world. It is generally said that white collar crime is being committed due to need and greed but this crime is also being committed due to pressure of circumstances as well as the desire to get more than others also incites to commit this crime. Many professions are such that due to which golden and attractive opportunities arise for unethical activities and such unethical activities do not attract the attention of common people because usually such People who commit crimes are financially secure. Some of the reasons due to which these crimes are committed are as follows. 1. "No real crime 2. Lack of awareness 3. Greed 4. Need Desire to get more than others 5. Recoverable (can be taken from Govt.) 6. Being in secret 7. Not easy to catch Criminal etc. power. Law makers are also fully involved in these crimes and that is why the less effort of the police promotes these crimes instead of stopping them. Not having any adequate law to prevent white collar crimes also promotes these crimes. When the law makers follow the legal process according to themselves, fearing the power of their position, they do not open their mouth and keep watching the crimes happening or tolerate them as victims. In all this, the delay in justice by the judiciary also increases the suffering of the victims in a way. At present, it has become easy and less risky to commit crime together, therefore organized crime and its effect are much more than normal crimes. Because the damage caused by white-collar crimes is very high compared to normal crimes and it is a matter of great concern that there are no effective programs for the enforcement of criminal law against them and the effective involvement of these crimes. In opposing the enforcement, the person takes the law makers on his side or is in their form. Judicial Corruptions Judicial corruption in India is also considered a threat to democratic life. The presence of High Court and Supreme Court judges in many scams is conceivable. The case of Justice Ramaswamy is the most bizarre in the Indian Judiciary. In the case of Justice Rama Swamy, three judges are unique. He was convicted and on this basis the process of impeachment was initiated against him in the Parliament. But the government of that time made this process ineffective. In this way, interference of the ruling party in this matter completely shows corruption. And the public has lost faith in the judiciary's integrity and its rule of non-partisanship and they feel that corruption has become completely institutionalized, like the failure of the impeachment process. The character of the judges has become centralized. There are some cases here that are really shocking in themselves. Mysore High Court judge's mysterious involvement in the sex scandal that the Supreme Court itself kept the committee's report secret and restored his rights. 1. The harassment of eight selected participants of the Punjab Public Service Commission by three judges of the Punjab and Haryana High Court is an example of grossly corrupt conduct. 2. In this way, Justice B. K. Roy committee found the judge of Rajasthan High Court guilty of making sex appeal with the complainant woman in his court. He had to resign later. 3. Similarly, a sitting Judge of the Delhi High Court was found to be indulging in illegal activities in connivance with the officers of the Development Authority and tells that the lower

Prime Minister Manmohan Singh said in the third conference of Chief Justice and Justices and Chief Ministers held on 17-9-2004 at Vigyan Bhawan New Delhi “The morale of the petitioning public increases when they get efficient and effective justice, without any external circumstances, faith in justice makes it effective. In Re D.C.Saxena, the Supreme Court held that judges have a responsibility to the society and their responsibility should be determined by the discretion of their office i.e., the task of defending and upholding the Constitution and other laws, without Work should be done without any fear and under the influence of anyone, work should not be done assuming a favor. Any criticism which is made about the judicial system or about the judge which obstructs the administration of justice or which defeats the purpose of access to justice or which makes a mockery of the administration of justice. needed.

COMMON TYPES OF WHITE-COLLAR CRIMES

Although white-collar crimes are also called organized crimes or crimes committed in the course of business, but the following are the 10 major types of white-collar crimes prevalent at present. 1. Bank Fraud: Bank fraud is taking the money of the bank for one's own benefit. 2. Blackmail:Trying to grab someone's property by threatening to harm the body or asking to tell some secret. 3. Cellular phone fraud: Wrongful use of cellular phone service without authorization 4. Doing . Gavan : When a person in the course of business engages in trust for a service and uses the same for himself. 5. Counterfitting: copying or copying someone without authorization. 6. Bribery: When any work like money or any information is offered with the intention that it can influence any work, opinion or decision. 7. Tax Evasion: Way of saving unaccounted amount by middle class. 8. Forgery: Presenting a false check or forged document with intent to defraud 9. Doing Professional Offenses committed by a medical practicing lawyer in the course of his profession. 10. Cheating the employers Cheating the Government. 11. Adulteration Adulteration in food items and medicines. 12. Corporate crimes Exploitation of veil Hoarding Black marketing Food adulteration. 13. Adulteration of petrol. 14. Cheating of consumers. 15. Irregularities in recruitments in colleges and universities. 16. Fraud in ATM. 17. Wrong bank transactions. 21. Cybercrime Fraud 22. Fraud in purchase of security material 23. Fraud in acceptance of tenders of low bids 24. Scam in accepting tenders of election crime 25. Lawyers working on the basis of percentage 26. Charging double amount on the basis of insurance in hospitals 27. Blackmailing 28. Theft at work place Getting 29. work done by magic. 30. isusing the power of the post 31. Giving and taking bribe in the name of getting admission in schools. 32. Low risk and high return trend etc.

CHARACTERISTICS OF WHITE-COLLAR CRIME

The following are the characteristics of socio-economic crimes. 1. The basic characteristic of white-collar crimes is that these crimes are committed by eminent people of high social and economic class. 2. White-collar crimes are always carried out and operated by persons of so-called prestigious and high social status in the course of their business. 3. Socio-economic crimes are often secretive, that is, behind the scenes, but these crimes are hidden under the guise of whiteness (reputation of the criminal). 4. White-collar crimes are generally related to economic criminal phenomena. 5. In the context of earning maximum money, such crimes 6. White-collar criminals always try to hide their criminal acts. They try to hide their crime in such a way that the injured person does not feel that he has actually been harmed. 7. White-collar criminals consider themselves above the law and play with the law for their business success and personal gains. 8. Financial or physical coercion can also be exerted by them, which means they are capable of coercion. 9. Related to white-collar crime Cases are not decided under the general court of civil and criminal, but it is decided in a special type of judicial system, which is related to an administrative committee and a subordinate court of civil and equal justice rights. 10. Big business groups and capitalists have a hand in white-collar crimes. crimes there is such an organized gang whose main task is to commit crimes and save the gang members from the clutches of the law. 11. White-collar criminals are often equal to court judges, advocates and legislators, so they keep influencing the government system and the judiciary, even if any charges are filed against them, then the government system not only moves slowly like a turtle, it is silent. 12. He remains simple but also shows a sense of indifference, so it is often not possible to arrest and punish such criminals. 13. It is not an easy task to find out the black exploits of white-collar criminals, neither evidence is easily available against them nor any kind of information is available about their criminal acts. 14. Due to the higher social, economic and political status of white-collar criminals, they cannot be prosecuted properly. 15. Most of the white-collar criminals are either associated with social welfare organizations or are founders of such organizations to cover up their black deeds. 16. They are snakes in the sleeve for the society. 17. Newspapers, magazines and publicity committees, electronic media are themselves controlled by big business groups, so it is not possible to campaign against 75 white-collar criminals even through these mediums of mass communication, on the contrary, these organizations also support the criminals. 18. The nature of white-collar criminals is such that due to them so many people are hurt that the impact on each individually cannot be calculated, this is probably the reason why the society does not adopt a strict policy towards these crimes and the criminals are not punished. 19. If caught, there is no repercussion on his social status. The nature of white-collar criminals is such that due to them so many people are hurt that the impact on each one individually cannot be calculated, probably this is the reason why the society does not adopt a strict policy towards these crimes and the criminals are caught. There is no repercussion on his social status when he leaves. White-collar criminals do not consider themselves as criminals, but they consider common criminals as petty criminals and pretend to be legally correct by their social, but it is also essentially a legal problem. These criminals are more deadly than normal criminals. White-collar crime is a professional crime which is of the category of organized crime. Which is not only done deliberately but is done in an organized manner. These crime organizations are both formal and informal. Due to the expanding business and political pressures through cutting-edge technology, the way for these criminal organizations to prosper has been completely opened. Technological advancement Internet and quick system of money transfer have also increased white-collar crimes today, many times law enforcement is reluctant to pursue these cases as they are unable to track and investigate. are very difficult. Thus, the main reason for the rise of these crimes is people's addiction to ill-gotten money.

CONCLUSION

Under this Article, I have given the definition and explanation of white-collar crime. Criticism of Sutherland's definition of white-collar crimes as well as definitions given by various scholars are mentioned. Along with the historical background of white-collar crimes, I have also mentioned the factors that contribute to the commission of white-collar crimes. In this article an attempt has also been made to show the condition of complete and post-liberation of women and the provisions related to women and other legal provisions have been mentioned in the Constitution of India and it has been told how the freedom to work also causes crimes. And in this article, I have also made a small comparison of white-collar crime and common crimes.

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Corresponding Author Vivek Kumar*

Research Scholar, Apex School of Law, Apex University, Jaipur